Fresh Water Fish Regulations

WILDLIFE AND FLORA: ACT 75/1937(1) THE FRESH WATER FISH REGULATIONS, 1973 (Under section 4 of the Act) Dare of commencement: 22nd June, 1973. Arrangement 0/ Regulations PART I PRELIMINARY 1. Citation. ::t Interpretation. 3. Repeal of the Fresh Water Fish Regulations, 1938. PART 11 STOCKING OR REMOVAL OF FISH 4. Application for a permit. 5. Information in an application. 6. The granting or refusal of a permit. 7. Foriu of permit. 8. Duration of permit. 9. Prohibition against stocking or removal. PART III CULTIVATION OF FISH 10. Application for a permit. 11. Information in an application. 12. Granting or refusal of application. 13. Form of permit. 14. Duration of permit. 15. Prohibition against raising or cultivating of fish. ossur, ~l STATUTES OF SWAZILAND PART IV DEALING IN FISH 16. Application for permit to fish for commercial purposes. 17. Information in an application. 18. Granting or refusal of application. 19. Form of permit. 20. Duration of permit. 21. Prohibition against fishing for commercial purposes. PART V FISHING AS A SPORT 22. Application to fish for sporting purposes. 23. Information in any application. 24. Graruiug or H:ru~al uf perruir. 25. Form of permit. 26. Duration of permit. 27. Prohibition against fishing without a permit. 2 WlLDLIFE AND fLORA: ACt 75/1937(1) rr.1-5 PART I PRELIMINARY Cttattan, 1. These Regulations may be cited as the Fresh Water Fish Regulations, 1973. Interpretation. 2. In these Regulations "Permanent Secretary" means the Permanent Secretary for Agriculture and includes any other public officer duly authorised by him to act for the pur poses of these Regulations. Repeal ofthe Fresh Water Fish Regulations. 1938. 3. The Fresh Water Fish Regulations, 1938 are hereby repealed. PART II STOCKING OR REMOVAL OF FISH Application for a permit. 4. Any person desiring to stock any waters with any fish, or to remove any fish from one body of waters to another may apply in writing to the Permanent Secretary for a permit authorising him to do so. information in an application. 5. The application shall contain the following information (a) the applicant's full name and address; (b) the location of the waters to be stacked; (c) the size of such waters; (d) the type of fish to be stocked; (e) the nwnber offish to be stocked: (f) the source of the fish to be stocked; (l!Sur 'j 3 STATUTES OF SWAZILAND (g) the date at which such stocking is to lake place; (h) any other information the Permanent Secretary may require. The granting or refusal ofa permit. rr.5-11 6. The Permanent Secretary may in his discretion refuse or grant such application for a permit and his decision on any application shall be final. Form of permit. 7. The permit may be issued by the Permanent Secretary in such form as he deems fit and shall be issued free of charge to the applicant. Duration of permit. 8. A permit issued under this Part shall be valid for a period not exceeding two weeks from the date of its issue. Prohibition aeainst stockine or removal. 9. (I) No person shall stock or cause any waters to be stocked with any fish or remove or cause any fish to be removed from one body of waters to another without a permit granted to him under this Part. (2) Any person who contravenes paragraph (1) hereof shall be guilty of an offence, and liable on conviction to a fine of one hundred rand or in default of payment thereof imprisonment for three months. PAR,T III CULTIVATlON OF FISH Application for a permit. 10 Any person desiring to raise or cultivate fish may apply in writing to the Permanent Secretary for a permit authorising him to do so. Information in an application. 11. The application shall contain the following information (a) the applicant's full name and address; (b) the name and location of the farm or area of land where the fish is to be raised or cultivated; 4 WlLDLlFE AND FLORA: ACT 75/1937(1) rr.11-16 (e) the source of water for such farm or area of land; (d) the type or types of fish to be raised or cultivated; (e) the source of such fish or ova; (j) whether the fish is to be raised or cultivated for stocking or eating; (g) any other information the Permanent Secretary may require. Granting or refusal ofapplication. 12. The Permanent Secretary may in his discretion grant or refuse such applicatron, and his decision on any application shall be final. Form ofpermit. 11. The permit may be issued by the Permanent Secretary in such form as he deems fit and shall be issued free of charge to the applicant. Duration ofpermit. 14. A permit issued under this Part shall be valid for a period of twelve months from the date of its issue, but may be from time to time renewed by the Permanent Secretary for :;L further period of twelve months. Prohibition against raising Or cultivating of fish. 15. (1) No person shall raise or cultivate any fish without a permit granted to him under this Part and in accordance with any terms or condltions set out in such permit, (2) Any person who contravenes paragraph (1) hereof shall be guilty of an offence and liable on conviction to a nne of one hundred rand or in default of payment thereof imprisonment for three months. PART IV DEALING IN FISH Application for permit to fi5h for commercial purposes. 16. Any person desiring to fish in waters for the purpose of sale, exchange, barter, Or any other form of commercial dealing may apply to the Permanent Secretary for a permit authorising him to do so. 5 STATUTES OF SWAZlLAND information in an application. 17. The application shall contain the following information (a) the applicant's full name and address; (b) the DaHlC and location of the waters in which he proposes to fish; (c) the type of gear to be used by applicant in such fishing; (d) the number of pieces of each type of fishing gear; rr.17-21 (e) the approximate quantities of fish to be caught during the period of the permit; (f) the manner in which, and the location of the place where, the fish is to be dealt with; (g) any other information the Permanent Secretary may require. Granting or refusa! of application. 18. The Permanent Secretary may in his discretion grant or refuse such application, and his decision on any application shall be final. Form of permit. 19. The permit may be issued by the Permanent Secretary in such form as he deems lit, and shall be issued free of charge to the applicant. Duration ofpermit. 20. A permit issued under this Part shall be valid for a period of twelve months from the date of its issue, hut may from time to time he renewed hy the Permanent Secretary fnr :l further period of twelve months. Prohibttton against fishing for commercial purposes. 21. (1) No person shall fish for fish for any of the purposes set out in Regulation J6 without a permit granted under this Part and in accordance with any terms or conditions set out in such permit. (2) Any person who contravenes paragraph (1) hereof shall be guilty of an offence and liable on conviction to a fine of one hundred rand or in default of payment thereof imprisonment for three months. (3) In any criminal proceedings for a contravention of paragraph (1) hereof, it shall be presumed, unless proved to the contrary, that the purpose of any fishing by the accused was for one of the purposes set out in Regulation 16. 6 WfLDLrFE AND FLORA: ACT 75/]937(1) rr.22-27 PART V FISHING AS A SPORT Application to fish for sporting purposes. 22. Any person desiring to fish in waters for sporting purposes may apply to the Perrna nent Secretary for a permit authorising him to do so. Information ill an application. 23. The application shall contain the foHowing: information (a) the applicant's fuil name and address; (b) the location where the applicant proposes to fish; (c) lbe type of fishiJlg gear to be used by the applicant ; (d) the type of fish to be fished for; (e) tile name of any angling club to which the applicant may belong; (f) the written consent of the owner of the land in which the waters in which the applicant proposes to fish are located; (g) any other information the Permanent Secretary may require. Granting or refusal of permit. 24. The Permanent Secretary may in his discretion grant or refuse such application, and his decision on any application shall be final. Form of permit. 25. The permit may be issued by the Permanent Secretary in such form as he deems fit, and shall be issued free of charge to the applicant. Duration ofpermit• .76. A permit i~'1ued under thi~ Part "h311 he v:'l1irl for II period of twelve months from the date of its issue, hut may from time to time be renewed by the Permanent Secretary for a further period oftwelve months. Prohibition against fishing without a permit. 27. (1) No person shall fish for fish in any waters for sporting purposes without a permit gr;lnted under this, ":1ft and in att.()Tdatw.e with ariy term!': or conditions set out in such permit. (2) Any person who contravenes paragraph (1) hereof shall be guilty of an offence and liable on conviction to a fine of one hundred rand or, in default of payment thereof, imprisonment for three months. The Government Printer, Mbabane. 7